PROTECT AND UPHOLD THE LAWFUL RIGHT OF ALL TO SELF DEFENSE

Petition to maintain and protect the right to self defense of residents and citizens through the lawful open carry of loaded firearms in Ashland, Oregon

We, the undersigned, demand The Mayor and The Council of THE CITY OF ASHLAND protect and maintain the lawful right of ALL residents and citizens to openly carry loaded firearms by:

(a) passing no ordinance that would in any way infringe the lawful right to openly carry loaded firearms; and

(b) passing a resolution re-committing the municipality of THE CITY OF ASHLAND and it's Board Members, Officers, and Staff to upholding and protecting all the rights of all residents and citizens such that their confidence be restored in this institution and in it's serving board members.

WHEREAS, The right to self defense is recognized as an ancient, natural, inalienable, civil right of all free people;

WHEREAS, The Second Amendment (the Bill of Rights) to The Constitution of the United States of America enumerates and codifies that:

“the right of the people to keep and bear Arms, shall not be infringed”.

Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

WHEREAS, recent rulings of the Supreme Court of The United States (Heller; McDonald) have concluded that “the Second Amendment codified a pre existing, individual right to keep and bear arms and that the “central component of the right” is “self-defense”; and that “After all, self-defense, recognized since ancient times as a “basic right,” is the “central component” of the Second Amendment guarantee. Id. Consequently, that right restricted not only the federal government but, under the Fourteenth Amendment, also the states.” ;

WHEREAS, a January 13 2014 ruling of the 9th Circuit Court finds that “...the Second Amendment secures a right to a firearm in some fashion outside the home.”, and concurs that The right to armed self-defense... is the “first law of nature,” and any law “prohibiting any person from bearing arms” crossed the constitutional line. The court concluded that every law abiding individual must have a lawful means to carry firearms for self defense outside the home.

WHEREAS, The Oregon Supreme Court recently held that Article I, Section 27 of the Oregon Constitution “permits” regulations restricting the possession and use of weapons only to an extent necessary to promote the public safety and which does not unduly frustrate the individual right to bear arms for the purpose of self-defense;

WHEREAS, THE CITY OF ASHLAND's Sergeant at Arms and Chief of Police Terry Holderness stated on the record that “We've never had a crime committed by someone in an open carry situation, so this [proposed ordinance] is more a statement of “community values””, clearly demonstrates that there is absolutely no necessity to 'restrict the possession of weapons to promote the public safety' as required by State law.

WHEREAS, Oregon Revised Statutes do not make provision for adults under 21 years of age or for legal alien resident non-citizens to apply for a concealed weapons permit; a loaded open carry ban such as that drafted by THE CITY OF ASHLAND would serve to unlawfully deny said parties of any legally compliant opportunity to exercise their lawful natural right to self defense outside the home, and thus would clearly “unduly frustrate the individual right to bear arms”;

WHEREAS, passage of a loaded open carry ban such as that drafted by THE CITY OF ASHLAND would serve only to put our City's peace officers into situations of unnecessary conflict (and or coercion) with lawful residents and citizens, leaving THE CITY OF ASHLAND and individual officers open to the consequences of law suits for violation of rights protected by both the 2nd and 4th Amendment's to the Bill of Rights.

WHEREAS, Article IX, Section 1 of The Charter of THE CITY OF ASHLAND provides The Council:

“...shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter;”

WHEREAS, Article VII, Section 8 of The Charter of THE CITY OF ASHLAND provides:

“Oath of Office. Before entering upon the duties of his/her office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of his/her office”

WHEREAS, that nowhere in The City's Charter does it grant the municipal corporation, it' officers, staff or agents the authority or mandate to infringe the natural, lawful rights of residents and citizens or otherwise persecute some at the bequest of others or otherwise attempt to modify residents' and citizens' behavior based on fallacious concepts such as “community values”;

WHEREAS, no group of residents and citizens has the lawful or moral authority to dictate to and attempt control the peaceful and lawful behavior of others, even and especially if the actions/choices/behaviors are those of a minority, no matter how distasteful or unpalatable they may be to others;

WHEREAS, many residents and citizens residing in The City of Ashland pride themselves on open-hearted, open-minded “tolerance” the definition: “willingness to accept feelings, habits, or beliefs that are different from your own” (Merriman-Webster), reminds us that “tolerance' is a two way street.